Section 48 Compensation in respect of planning decisions relating to spaceport safety etc: Northern Ireland

Northern Ireland

I1(1)

A district council in Northern Ireland is entitled to recover from the relevant person a sum equal to any compensation that council is liable to pay, if—

(a)

the council becomes liable to pay compensation to any person because of a planning decision taken under the Planning Act (Northern Ireland) 2011 by a council, the Department for Infrastructure, or the Planning Appeals Commission, and

(b)

the liability is attributable to a planning decision that would not have been taken but for the need to secure the safe and efficient operation of—

(i)

a spaceport, or

(ii)

range control apparatus.

I2(2)

“The relevant person” is—

(a)

where subsection (1)(b)(i) applies, the person authorised to operate the spaceport by a spaceport licence;

(b)

where subsection (1)(b)(ii) applies, the range control service provider who operates the relevant range control apparatus.

(3)

In this section—

“planning decision” includes a revocation or modification of a planning permission under Part 3 of the Planning Act (Northern Ireland) 2011;
“range control apparatus” means apparatus operated by a range control service provider for the purposes of providing range control services.

Annotations

Commencement

I1: S. 48(1) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 86 (with reg. 3)
I2: S. 48(2)(3) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 87 (with reg. 3)